New Delhi- In a scathing report released on September 6, 2024, the People's Commission strongly condemned the illegal acquisition of land in Dhinkia, Odisha, by the JSW Utkal Steel Limited (JUSL) project and the State's repressive measures against local communities.

The Commission has called for the withdrawal of fabricated criminal cases against non-violent protesters and urged the immediate release of those jailed, many of whom are now out on bail. Additionally, the report demands compensation for the losses suffered by the affected communities and a thorough impartial inquiry, including an environmental impact assessment.

The report stems from a Fact-Finding Mission commissioned by the Solidarity Forum for Dhinkia Victims, Lok Shakti Abhiyan, Odisha, and other camaraderie groups. The mission was convened to review the escalating tensions in the Dhinkia region due to the acquisition of 1,260 hectares of land for the proposed integrated steel plant by JUSL and the subsequent police repression in the area under Jagatsinghpur district.

The People's Commission was convened on 7th October 2023 and reviewed the impact of the JSW project which has been marred by allegations of State repression, violations of constitutional rights, and disregard for forest dwellers' entitlements.

More than 100 individuals from the affected communities voiced their grievances. They asserted their legal rights while the 10 cases were deposed before the eminent Jury Members Justice Madan Lokur former Judge of the Supreme Court of India, Sanjay Parikh Senior Advocate at the Supreme Court of India, Professor Manoranjan Mohanty retired professor of Political Science and Director of the Developing Countries Research Centre at the University of Delhi, Professor Nandini Sundar professor of sociology at the Delhi School of Economics, Hannah Mollah senior leader of the All-India Kisan Sabha and Medha Patkar leader of the people’s movements leading activist of Narmada Bachao Andolan and National Alliance of People’s Movements.

Key Observations and Findings

During the public hearing, the People's Commission critically reviewed the impact of the JSW project, which has been marred by allegations of state repression, violations of constitutional rights, and the neglect of forest dwellers' entitlements. The findings highlighted the struggles faced by villagers in Dhinkia, including legal battles, repressive measures by the State, and the broader implications for their livelihoods and constitutional rights.

While releasing the report, Justice Madan Lokur remarked, "This report provides a detailed analysis of the struggles faced by villagers in Dhinkia, highlighting their legal battles, the repressive measures used by the State against them, and the broader implications for their livelihoods and constitutional rights." He emphasized the need for thorough examination of ecological issues, particularly concerns related to water usage from the Mahanadi River, the impact on groundwater levels, and the cumulative environmental effects of the project, especially in the context of existing pollution levels in Paradip.

Medha Patkar, a senior social activist, voiced concerns over the treatment of human rights defenders in Dhinkia, noting that 451 cases have been filed against those resisting forcible displacement. She mentioned that seven individuals who were jailed are now out on bail, while warrants have been issued against 2,500 people, including 500 women. Patkar condemned the unconstitutional and inhuman demolition of houses and betel vines, which are the primary source of livelihood for many villagers. She demanded the immediate release of those unjustly imprisoned and the withdrawal of fabricated cases against innocent citizens from Dhinkia.

Senior Advocate Sanjay Parikh highlighted testimonies from villagers describing severe police repression, including arrests, harassment, and nearly 100 criminal cases filed between 2019 and 2023.

He stressed that many villagers have been forced to flee their homes and take refuge in forests due to fear of arrest and torture. The Commission has strongly recommended the withdrawal of these criminal cases and called for an immediate halt to all repressive actions, emphasizing that citizens have the constitutional right to peaceful protest and freedom of expression.

Key recommendations

1.The consistent denial of forest rights under the Forest Rights Act, of 2008, is illegal. Eviction of ST tribal communities and traditional forest dwellers without completing the mandatory recognition and verification process is arbitrary and unjust. These communities should be reinstated on their lands, and no forest or environmental clearance should be granted until their rights are fully determined.

2.In light of the state's failure to comply with the Forest Rights Act and its illegal eviction actions, the affected communities are justified in peacefully protesting under constitutional and human rights that deserve protection.

3.The use of excessive force, including against vulnerable groups, is legally impermissible. An Inquiry Committee should be constituted, and immediate legal action should be taken against those responsible for police brutality.

4.Withdraw all criminal cases against villagers. They should not face police threats for engaging in peaceful protests against illegal and unjust actions.

5.The State must compensate the villagers and restore their livelihoods through a proper rehabilitation and resettlement process, addressing the loss of their land and betel vines and houses.

6.Conduct a comprehensive Environmental Impact Assessment in the already polluted Paradip Port area, evaluating the pollution load due to the JSW project and its effects on the local population, their lives and livelihoods, and flora and fauna.

7.Undertake a comprehensive social impact assessment of the affected families, with measures to address their livelihood issues to be promptly implemented.